Not all terminated employees meet the qualifications necessary to receive unemployment compensation. However, that does not prevent them from requesting benefits. Typically, former employees are eligible as long as their dismissal did not stem from misconduct. While misconduct can cover a range of infractions, according to Nolo, the employee's action generally must bring harm to the employer's interests to prevent him from receiving unemployment pay. Examples of actions that can disqualify an employee from benefits include sexual harassment, intoxication at work, habitual tardiness and gross insubordination. If your state grants a request for unemployment that you feel is not justified, you have the right to contest the ruling by writing a letter to the appeals board.

Read the notice of determination sent by the state's unemployment agency. Note the deadline date for appeals. If you miss the deadline, according to Inc., you could lose your appeal. Note your business's unemployment account number, as you will need it when you write your appeal.

Research the state's unemployment laws to determine if you have a valid reason to appeal. In states such as Florida, just because an employer has reason to fire an employee for misconduct, the state might not consider the employee's actions serious enough to rule against paying compensation.

Write your appeal on company letterhead or include your business's name and address in the letter. Also include your unemployment account number and employee's Social Security number. Include the address and name of your attorney or other person you designate to represent you during the appeal if you are not going to represent your company yourself.

List the reason(s) that you feel should prevent the employee from receiving benefits. List dates of any misconduct and disciplinary measures taken by the company. An isolated incident typically will not prevent the appellate board from allowing compensation. Employers must show that the employee had a history of repeated offenses. Include copies of any written warnings with your letter.

Mail the report to the address on the notice of determination in time for the agency to receive it before the deadline. If you missed the deadline, include an explanation in your letter. One good reason for missing the deadline might be not receiving the determination notice in time to file an appeal.

Tip

While it is not required, mailing your appeal letter by certified mail provides proof that the agency received it on time.

Warning

An employee might qualify for unemployment if he had good reason to quit his job. If the worker can prove that he quit because of safety concerns or harassment, you will probably lose your appeal.